State v anwar hussain

1. IN THE COURT OF SH. AMITABH RAWAT, ADDITIONAL SESSIONS
JUDGE­03 SHAHDARA DISTRICT, KARKARDOOMA COURT, DELHI
Bail Application No. 1624­2020
FIR No.53/2020
PS­ Jyoti Nagar
U/S. 302/144/147/148/149/186/188/353/336/332/120B/4 IPC r/w
3 PDPP Act
State Vs. Anwar Hussain
11.11.2020
ORDER
1. Vide this order, I shall dispose off application moved on behalf of
applicant/accused Anwar Hussain under Section 439 Cr.P.C for grant of bail.
2. Arguments were heard on behalf of accused by Sh. S.Hasan Zaidi, Ld.
Counsel for accused and for prosecution by Sh. Rajeev Krishan Sharma, Ld.
Prosecutor. I have perused the record including the charge­sheet.
3. CONTENTIONS OF THE ACCUSED
Ld. Counsel for the accused had submitted that the accused is
innocent person and he has been falsely implicated in the present case. He is
in judicial custody since 12.03.2020. He is not named in the FIR. Nothing
has been recovered from the possession of the accused or at his instance. He
has another case FIR No. 54/20 in which he is on bail. The charge­sheet has
already been filed. Applicant/accused is ready to abide all the terms and
conditions if imposed by this court.
It was, thus, prayed that accused Anwar Hussain be granted bail.
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2. 4. CONTENTION OF THE PROSECUTION
On the other hand, Ld. Prosecutor had vehemently opposed the bail
application of accused stating, in the reply of I.O, that in the last week of
February, 2020 riots in the area of North­East District, Delhi had happened
wherein 53 persons lost their lives and many public and private properties
were vandalized.
On 24.02.2020, various groups of persons were protesting against or
in favor of CAA. They were armed with illegal arms, lathis, rods, stones and
petrol were also present at Kardam Puri Pulia in the area of P.S Jyoti Nagar,
Delhi and were fighting a pitched battle between them. On the same day, an
information vide DD No. 44A regarding MLC at GTB Hospital, was
received that one injured person is brought to GTB Hospital. I.O of P.S.
Jyoti Nagar received the MLC of deceased Mohd. Furkan, as per which, the
deceased was declared “ brought dead”. Complainant Mohd. Imran (brother
of deceased) stated that on that day, in evening while he was going to his
workshop by scooty, he reached near Kardampuri Pulia at about 5.20 PM
and saw a crowd gathered near Kardampuri Pulia. His younger brother
Furkan aged around 30 years was also present there. He called his brother.
His brother turned back and started moving towards him but suddenly fell
down. He quickly reached there and saw that Furkan's left leg was bleeding.
Some persons brought Furkan to GTB Hospital. He also accompanied them.
Doctors declared Furkan brought dead.
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3. As per PM Report No. 322/20 dated 26.02.2020 done by Board of
GTB Hospital, mainly two gunshot injury is reported and the cause of death
was “ Shock due to firearm injury”.
During field investigation and eye­witnesses accounts have
established that on 24.02.2020, from morning onwards rioting had begun.
The Muslims rioters who were residents of Kardam Puri were very violent at
Kardam Puri Pulia, protest site and continuously pelting stones on the police
party deployed there, even gun shots were being fired. This crowd was
trying to reach C­12 Yamuna Vihar, which is a Hindu dominated area and
the police was trying to stop it.
Statements of police persons who were on duty at Kardam Puri had
been recorded who had stated that Imran alongwith other persons was part of
rioters present at Kardam Puri Pulia. He was also seen in the CCTV footage
recorded near Kardam Puri Pulia alongwith rioters.
During investigation, on 12.03.2020, secret information was received
and present accused Anwar Hussain was arrested. He confessed to his crime
about the murder­cum­riot which took place at Kardam Puri Puliya.
Anwar Hussain was present in unlawful gathering and was seen
actively participating in the riots.
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4. It was also argued that, as per Section 149 of IPC, if an offence is
committed by any member of the unlawful assembly in prosecution of the
common object of that assembly, or such as the members of that assembly
knew to be likely to be committed in prosecution of that object, every person
who, at the time of the committing of that offence, is guilty of that offence.
Accused Anwar Hussain is also liable for the criminal acts committed by
any member of that illegal mob gathered on 24.02.2020 at the spot where
Furkan was murdered.
It was further submitted that TIP was refused by the accused.
It was prayed that the present bail application be dismissed.
5. (a) As per FIR dated 25.02.2020 registered on the complaint of Mohd.
Imran stating that in the evening of 24.02.2020, he was going to his factory
from his home on a scooty and at about 5.20 PM, he reached near Kardam
Puri Pulia where he saw crowd and stopped there. He saw that his younger
brother Furkan, 30 years old, was also standing on the Pulia. He parked his
scooty there and called his brother Furkan, who on hearing his voice, turned
back and started walking towards complainant and suddenly fallen there and
the complainant immediately reached to Furkan and saw that blood was
oozing out from the left leg of Furkan as a bullet hit to his left leg. As
stones pelting was happening from both the sides, therefore, it could not be
established as to from where the bullet was fired. Some persons removed his
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5. brother Furkan in a auto (number unknown) to GTB Hospital and the
complainant also accompanied them on his scooty. In the hospital, after
examination, the doctors declared Furkan as dead.
(b) Complainant is not an eye­witness to this case.
(c) As per the prosecution, the incident is of 24.02.2020 when the
rioters of Kardampuri were very violent at Kardampuri Pulia protest site and
continuously pelting stones on the police party deployed at Kardam Puri
Pulia and even gunshots were fired. The crowd were trying to reach at
C­12, Yamuna Vihar which is a Hindu dominated area and the police were
trying to stop it. Thus, the incident is of near Kardampuri Pulia. In the said
rioting, more than 20 police personnel were injured and including the death
of the deceased by gunshot injury.
The prosecution has relied upon one video footage of 23.02.2020
where accused is seen as participant at Kardam Puri Puliya. The footage was
seen and without going into the merits of the nature of the involvement of
the accused in the said footage, it can be clearly stated that for whatever
footage depicts of the incident of 23.02.2020, by no stretch of criminal
liability, can be accounted for the offence of riot and murder committed on
24.02.2020. Thus, the video footage is not of the day of the incident of
24.02.2020 but of 23.02.2020. Clearly this is not a incriminating clinching
evidence of involvement of accused in riots of 24.02.2020.
During further investigation, supplementray chargesheet was filed
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6. after Afsar/witness had, in his statement on 24.06.2020, given the name of
the present accused Anwar Hussain as participating in the riot. TIP
proceedings of the said accused by witness Afsar was done and the accused
refused to participate in the TIP proceedings.
6. In view of the video footage which does not pertain to the day of
incident, the period of incarceration and in the totality of the facts and
circumstances of the case, accused Anwar Hussain is admitted on bail on
furnishing of personal bond in the sum of Rs. 40,000/­ with one local surety
of the like amount to the satisfaction of Ld. MM/Link MM/Duty MM
subject to the following conditions:
(a) The accused shall neither leave the jurisdiction of NCT of Delhi
without prior permission of the court nor shall he indulge in any kind
of criminal activity.
(b) He shall also not tamper with any evidence or contact any witness;
(c) He shall attend the court on every date of hearing or as
directed by court.
Application is accordingly disposed off.
Copy of the order be mailed to Ld. counsel for the accused and
Ld. Spl. Public Prosecutor.
(Amitabh Rawat)
Addl. Sessions Judge­03
Shahdara District, Karkardooma Courts,
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